(영문) 광주지방법원 2017.05.10 2017노936 | 리걸엔진

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(영문) 광주지방법원 2017.05.10 2017노936

절도등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 was guilty of this part of the facts charged, on January 2, 2016, even though the Defendant, by mistake of the facts, stolen one of the Defendant’s gold cover from the Victim D’s early policeman, the lower court convicted of this part of the facts charged. The lower court erred by misapprehending the legal doctrine.

2) The lower court’s improper sentencing is too unreasonable.

B. Comprehensively taking account of the evidence submitted by the Prosecutor 1, the lower court acquitted the Defendant of this part of the facts charged, on January 24, 2016, even though it was sufficiently recognized that the Defendant stolen one of the victim D’s visibility from the first police officer on January 24, 2016, and that the victim C stolen cash worth of KRW 100,000 between cash withdrawal machines, the lower court acquitted the Defendant of this part of the facts charged. In so doing, the lower court erred

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. The court below found the defendant guilty of this part of the facts charged on the grounds that the victim D's statement was reliable. The court below's determination of the above facts is just and acceptable, and there is an error of law of misunderstanding of facts as alleged by the defendant in the judgment of the court below.

Therefore, the defendant's above assertion is without merit.

B. On January 2016, 2016, the Defendant: (a) committed theft against the victim D with a view to the Prosecutor’s misunderstanding of the facts; (b) the Defendant, at the F hotel located in Seo-jin-gu, Young-gu, Seoul; and (c) the market price of KRW 2,00,000,000, which was kept in the victim D’s bank.

B) From February 24, 2016, around 14:45, the Defendant: (a) thiefed the victim C with four cash withdrawal machines located in the head office of Young-gun, Young-gun, Young-gu, Young-gu, Young-gu, Young-gun, Young-gu; (b) released two cash withdrawals of the victim C’s KRW 50,000,000; and (c) stolen KRW 100,000,000 in cash at the cash withdrawal machines.

2) The lower court’s judgment on the larceny against the victim D.

유사 판례

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